The determination was issued after the CJP determined that Kreep had committed 29 acts of judicial misconduct:
one act of willful misconduct, 17 acts of conduct prejudicial and 11 acts of improper action
between 2012 and 2015. According to the statement released by the Commission "Public censure is the highest level of
discipline that the commission can impose short of removal from office."

One of the options for the Commission could have been to remove Kreep from the bench. In their determination, the CJP said that in all but five of the infractions had occurred either during Kreep's first year on the bench or while campaigning for the position. "The commission noted that there was a
significant drop in incidents of misconduct after the judge’s first year on the bench and after he
was counseled by his supervising judges."

Kreep had gained national notoriety as being a so-called "birther" who continually questioned whether former President Barrack Obama was born in the United States. As part of his "birther" activities, Kreep filed numerous lawsuits challenging Obama's right to be president.

The CJP noted that while Kreep denied he making explicit birther claims in his campaign literature while the physical evidence showed otherwise. The determination said Kreep made “disingenuous and specious explanations Judge Kreep offered in response to some of the charged
conduct.”

In addition to pedaling birther conspiracies, Kreep was said to have made frequently insulting comments based on race, gender and physical appearance. Kreep, the CJP said "he often ran his courtroom in a manner that was undignified and suggested bias or
prejudgment."